Q&A

Can you work in the US if you file Form I-140?

Can you work in the US if you file Form I-140?

Though getting the approved Form I-140 does not alter your status as a non-immigrant in US, it allows you to work in US for the certain period sponsored by your employer. An employer has to make an application, using Form I-140, on behalf of a foreigner, if he wishes to sponsor that foreign national to work in the US permanently.

How to submit an I-140 petition for processing?

Here are some tips to ensure that the Form I-140 petition that requires a DOL-approved labor certification is accepted for processing: Package your Form I-140 with the Form G-28, if any, on top, followed by the form itself. Place the original labor certification directly under the I-140 petition, followed by the other supporting documentation.

Can you file I-140 concurrently with I-485?

Can I file I-140 concurrently with I-485? Yes, USCIS permits the concurrent filing of a Form I-140 and Form I-485, adjustment of status application. However, only the first three preference groups (EB-1, EB-2, EB-3) are qualified for concurrent filing.

When does USCIS accept Form I-140 for priority?

If the Form I-140 is based on Labor Certification, the date when the Department of Labor receives the form becomes its date of priority, and if the application does not require certification, the date USCIS accepts the form becomes its date of priority. Applicants can verify the priority dates by checking the visa bulletin periodically.

Do you need to file a Form I-140?

Yes. But if a petitioner wants to classify the alien beneficiary under multiple visa preference categories, he/she must file a separate Form I-140 petition, with the required fee and supporting documentation for each requested visa category.

How to fill out Form I-140 petition for alien workers?

How to Fill Out Form I-140 1. Type or print legibly in black ink. 2. If you need extra space to complete any item within this petition, use the space provided in Part 11. Additional Information or attach a separate sheet of paper. Type or print your name and Alien Registration Number (A-Number) (if any) at the top of each sheet; indicate the

Can I file I-140 concurrently with I-485? Yes, USCIS permits the concurrent filing of a Form I-140 and Form I-485, adjustment of status application. However, only the first three preference groups (EB-1, EB-2, EB-3) are qualified for concurrent filing.

When to file an I-140 petition for H-1B status?

Knowing when to file the I-140 petition is important, particularly if the employee is already in the United States, most likely in a nonimmigrant status (such as H-1B), which authorizes work.